The Basics of Criminal Defense: What To Expect If You’re Charged With a Crime
Fewer people are arrested in the U.S. these days than in past years. About 7.5 million people were arrested in 2023, down from 11.3 million people in 2013 and 13.6 million people in 2003.
This helps explain why many people are unsure what steps to take after being arrested. They rely on criminal attorneys in Denver to show them what to do.
So, what happens when you are charged with a crime? If you’re facing charges, make sure you know the answer to this question. It will prepare you for what’s to come as you navigate the legal system.
Here is a basic overview of what happens after charges are filed against you following an arrest.
Retaining the Legal Services of a Criminal Defense Attorney or a Public Defender
After you’re arrested for allegedly committing a crime, police officers will bring you to a local police station for booking. This involves processing you into the Colorado criminal justice system.
When you arrive at the station, police will typically:
- Put together paperwork about you, your alleged crime, etc.
- Take your mugshots
- Collect your fingerprints
Once booking is finished, you will usually sit in a jail cell with others who have also been arrested. You will wait to find out whether formal charges are filed against you.
While you wait, prosecutors will review your arrest information and decide whether to file charges. If they choose not to file them, you must be released from police custody immediately.
If prosecutors choose to charge you with a crime, you should call a criminal defense lawyer for assistance or ask for a public defender. Either way, look into securing legal aid. An attorney or public defender will offer additional insight into what happens when you are charged with a crime.
Making an Initial Court Appearance for an Arraignment and Entering a Plea
Having a criminal defense attorney or public defender in your corner from the beginning is crucial. You will normally have an initial court appearance within 24 hours of your arrest.
This court appearance will feature your arraignment. You will officially learn which charges prosecutors have filed against you.
You will also plead guilty or not guilty to the crime you’re facing. More often than not, the defendants in criminal defense cases plead not guilty to the crimes filed against them.
If you have successfully negotiated a plea deal with prosecutors, consider entering a guilty plea during your arraignment. A criminal defense attorney or public defender can provide more information about plea deals and help you agree to one if it’s the right choice.
Finding Out Whether Bail Is an Option
If you’re accused of committing a serious crime or the judge overseeing your arraignment determines you are a potential flight risk, bail might not be an option. Otherwise, a judge may impose bail on you, and as long as you secure the necessary funding, you will leave jail and go home while awaiting future court hearings related to your case.
A judge might also release you from jail on your own recognizance. In this case, you won’t have to worry about bail. You can go home as long as you swear, in writing, to return for future court hearings.
Additionally, a judge might place certain pretrial supervision restrictions on you. For example, they might force you to participate in a supervised-release program or have you wear an ankle monitor and use electronic monitoring to keep tabs on you in the months leading up to a trial.
Going Through the Discovery Process To Evaluate Evidence and Build a Case
If you plead not guilty to the crime you’re accused of committing, you will have your day in court. However, that day won’t come right away in many cases.
The Speedy Trial Act of 1974 requires all criminal trials to start within 30 to 70 days of a defendant’s arraignment, but this means you could still spend over two months waiting for your trial to begin. You might wait even longer than that, depending on the circumstances surrounding your case.
As you wait for a trial to start, your criminal defense attorney or public defender will work on going through the evidence in your case. They will review physical evidence, speak to any witnesses, and analyze the strength of a prosecutor’s case while deciding which approach to take to defending you.
While they do this, you should stay at home and be on good behavior to avoid further complicating your case or staying in jail. You should also communicate with your lawyer or public defender as often as possible about your case.
Taking a Case to Trial and Hearing a Final Verdict
At long last, the trial in your criminal case will start. The prosecutors who filed charges against you in the first place will present their case. Your defense team will then present its case in response to the prosecution.
Remember that the answer to the question, “Does prosecuted mean going to jail?” is an emphatic no. Even if the prosecution’s case sounds strong, your criminal defense attorney or public defender may cast enough doubt on your case to earn a not-guilty verdict from a judge or jury.
The criminal defense attorney you hire could determine what happens when you are charged with a crime. Selecting an experienced criminal law attorney may help you avoid jail time or other penalties in your case.
Understanding What Happens When You Are Charged With a Crime Is Essential
Just because you’ve been charged with a crime doesn’t mean you will end up behind bars. What happens when you are charged with a crime might depend on which charges are filed against you and how strong your legal representation is once your court hearing begins.
Thomas N. Scheffel & Associates, P.C., is here to provide the legal services you need after being charged with a crime. Contact us today at 303-759-5937 for more information.